NY State Senate Bill 2009-S5175

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2010	referred to transportation delivered to assembly passed senate
Mar 18, 2010	advanced to third reading
Mar 17, 2010	2nd report cal.
Mar 16, 2010	1st report cal.266
Jan 26, 2010	reported and committed to codes
Jan 19, 2010	print number 5175b
Jan 19, 2010	amend and recommit to transportation
Jan 06, 2010	referred to transportation
Aug 05, 2009	print number 5175a
Aug 05, 2009	amend (t) and recommit to codes
May 19, 2009	reported and committed to codes
Apr 27, 2009	referred to transportation

Votes

- Jun 10, 2010 - Floor Vote
  S5175
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jan 26, 2010 - Transportation Committee Vote
  S5175
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Jan 26, 2010
      
      aye (18)
      
      Addabbo Jr.
      
      Aubertine
      
      Diaz
      
      Dilan
      
      Foley
      
      Fuschillo
      
      Hassell-Thompson
      
      Johnson
      
      Lanza
      
      Larkin
      
      Libous
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Savino
      
      Squadron
      
      Stavisky
      
      Valesky
      
      aye wr (1)
      
      Young
  Mar 16, 2010 - Codes Committee Vote
  S5175
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Mar 16, 2010
      
      aye (16)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker

Bill Amendments

Original

B (Active)

co-Sponsors

2009-S5175 - Details

See Assembly Version of this Bill:: A7226
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1128, V & T L
Versions Introduced in 2011-2012 Legislative Session:: S1316, A7099

2009-S5175 - Summary

Relates to the presence of official full or partial barrier markings on roadways which prohibit crossing of such markings.

2009-S5175 - Sponsor Memo

                                 BILL NUMBER:  S5175

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to roadway barrier markings

 PURPOSE OR GENERAL IDEA OF BILL : To amend the vehicle and traffic
law by clarifying which roadway official traffic control devices
prohibit the changing of travel lanes in the same direction.

 SUMMARY OF SPECIFIC PROVISIONS : Section 1 of the bill amends
subdivision d of section 1128 of chapter 206 of vehicle and traffic
law by changing the language "markings are in place indicating those
portions of any roadway where crossing such markings would be
especially hazardous, no driver of a vehicle proceeding along such
highway shall at any time drive across such markings" to read,
"traffic control devices are in installed on roadways prohibiting the
changing of lanes, drivers of vehicles shall obey the direction of
every such device." Additionally it adds the wording "For the purpose
of this subdivision, official traffic control devices are designated
by a two normal solid white line pavement marking or a sign. Section 2
provides that this act shall take effect immediately.

 JUSTIFICATION : As the current vehicle and traffic law 1128(d) is
written, official highway markings are those that shall not at any
time be crossed by a driver. The law's original intent was as a "no
lane change" provision to the vehicle and. traffic law. However, the

current law is vague and allows police officers to issue a ticket in
violation of section 1128( d) to anyone whom the officer deems has, in
a-hazardous manner crossed a marking such as the edge line, which
could include your own driveway entrance. The Appellate Term, of the
Second Department found in the People v Shulman that the white
edgeline along the side of the road does not constitute an "official
marking" under VAT 1128( d). This court ruled in favor of Mr.
Shulman, finding from his research that the original intent of section
1128( d) was in specific reference to crossing barrier markings. The
white edge line along the road, for instance, does not represent a
barrier marking and thus is not an official roadway marking under
section 1 128(d).

The presence barrier markings already indicates those portions of the
roadway where the NYDOT has determined that crossing such markings
would be especially hazardous and thus that changing lanes is
prohibited. Further, the extra wording "where crossing such markings
would be especially hazardous" can be misconstrued as an additional
criterion (to the presence of barrier markings) required being in
violation of this law.

In the proposed amendment, the use of the phase "where changing lanes
is prohibited", brings NYS VAT1128 (d) closer to the corresponding
terminology in the Uniform Vehicle Code 11-309(d). Further, to update
section 1128(d), the term "barrier markings" which is no longer
described in the NYS MUTCD, has been replaced by the Federal MUTCD
description, "a two normal solid white line pavement marking".

 PRIOR LEGISLATIVE HISTORY : 2007-08; remained in committee

 FISCAL IMPLICATIONS : None Known.

 EFFECTIVE DATE : This act shall take effect immediately.

2009-S5175 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5175

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic  law,  in  relation  to  roadway
  barrier markings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (d) of section 1128 of the vehicle and  traffic
law,  as added by chapter 206 of the laws of 1971, is amended to read as
follows:
  (d) When official [markings are in place indicating those portions  of
any  roadway where crossing such markings would be especially hazardous,
no driver of a vehicle proceeding along such highway shall at  any  time
drive  across  such  markings]  TRAFFIC CONTROL DEVICES ARE INSTALLED ON
ROADWAYS PROHIBITING THE CHANGING OF LANES, DRIVERS  OF  VEHICLES  SHALL
OBEY  THE DIRECTION OF EVERY SUCH DEVICE. FOR THE PURPOSE OF THIS SUBDI-
VISION, OFFICIAL TRAFFIC CONTROL DEVICES ARE DESIGNATED BY A TWO  NORMAL
SOLID WHITE LINE PAVEMENT MARKINGS OR A SIGN.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07050-03-9

co-Sponsors

2009-S5175A - Details

See Assembly Version of this Bill:: A7226
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1128, V & T L
Versions Introduced in 2011-2012 Legislative Session:: S1316, A7099

2009-S5175A - Summary

Relates to the presence of official full or partial barrier markings on roadways which prohibit crossing of such markings.

2009-S5175A - Sponsor Memo

                                 BILL NUMBER:  S5175A

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to roadway
lane markings


 PURPOSE OR GENERAL IDEA OF BILL :
To amend the vehicle and traffic law by clarifying which roadway
official traffic control devices prohibit the changing of travel lanes
in the same direction.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill amends subdivision d of section 1128 of chapter
206 of vehicle and traffic law by changing the language "markings are
in place indicating those portions of any roadway where crossing such
markings would be especially hazardous, no driver of a vehicle
proceeding along such highway shall at any time drive across such
markings" to read, "traffic control devices are in installed on
roadways prohibiting the changing of lanes, drivers of vehicles shall
obey the direction of every such device." Additionally it adds the
wording "For the purpose of this subdivision, official traffic control
devices are designated by a two solid white line pavement marking or a
sign. Section 2 provides that this act shall take effect immediately.

 JUSTIFICATION :

As the current vehicle and traffic law 1128(d) is written, official
highway markings are those that shall not at any time be crossed by a
driver. The law's original intent was as a "no lane change" provision
to the vehicle and traffic law. However, the current law is vague and
allows police officers to issue a ticket in violation of section
1128(d) to anyone whom the officer deems has, in a-hazardous manner
crossed a marking such as the edge line, which could include your own
driveway entrance. The Appellate Term, of the Second Department found
in the People v Shulman that the white edgeline along the side of the
road does not constitute an "official marking" under VAT 1128(d).
This court ruled in favor of Mr. Shulman, finding from his research
that the original intent of section 1128(d) was in specific reference
to crossing barrier markings. The white edge line along the road, for
instance, does not represent a barrier marking and thus is not an
official roadway marking under section 1128(d).

The presence barrier markings already indicates those portions of the
roadway where the NYDOT has determined that crossing such markings
would be especially hazardous and thus that changing lanes is
prohibited.

Further, the extra wording "where crossing such markings would be
especially hazardous" can be misconstrued as an additional criterion
(to the presence of barrier markings) required being in violation of
this law.

In the proposed amendment, the use of the phase "where changing lanes
is prohibited", brings NYS VAT1128(d) closer to the corresponding
terminology in the Uniform Vehicle Code 11-309(d). Further, to update
and clarify Section 1128(d), language from the current Federal MUTCD
description, "a two solid White line pavement marking", has been
added.

 PRIOR LEGISLATIVE HISTORY :
2007-08: Remained in committee

 FISCAL IMPLICATIONS :
None known.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5175A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5175--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens.  DILAN,  DIAZ,  HASSELL-THOMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation -- reported favorably from said committee and committed
  to  the  Committee  on  Codes  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to roadway lane
  markings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision (d) of section 1128 of the vehicle and traffic
law, as added by chapter 206 of the laws of 1971, is amended to read  as
follows:
  (d)  When official [markings are in place indicating those portions of
any roadway where crossing such markings would be especially  hazardous,
no  driver  of a vehicle proceeding along such highway shall at any time
drive across such markings] TRAFFIC CONTROL  DEVICES  ARE  INSTALLED  ON
ROADWAYS  PROHIBITING  THE  CHANGING OF LANES, DRIVERS OF VEHICLES SHALL
OBEY THE DIRECTION OF EVERY SUCH DEVICE. FOR THE PURPOSE OF THIS  SUBDI-
VISION,  OFFICIAL  TRAFFIC CONTROL DEVICES ARE DESIGNATED BY A TWO SOLID
WHITE LINE PAVEMENT MARKING OR A SIGN.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07050-07-9

co-Sponsors

2009-S5175B (ACTIVE) - Details

See Assembly Version of this Bill:: A7226
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1128, V & T L
Versions Introduced in 2011-2012 Legislative Session:: S1316, A7099

2009-S5175B (ACTIVE) - Summary

Relates to the presence of official full or partial barrier markings on roadways which prohibit crossing of such markings.

2009-S5175B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5175B

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to roadway
lane markings


 PURPOSE OR GENERAL IDEA OF BILL :
To amend the vehicle and traffic law by clarifying which roadway
official traffic control devices prohibit the changing of travel lanes
in the same direction.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill amends subdivision d of section 1128 of chapter
206 of vehicle and traffic law by changing the language "markings are
in place indicating those portions of any roadway where crossing such
markings would be especially hazardous, no driver of a vehicle
proceeding along such highway shall at any time drive across such
markings" to read, "traffic control devices are in installed on
roadways prohibiting the changing of lanes, drivers of vehicles shall
obey the direction of every such device." Additionally it adds the
wording "For the purpose of this subdivision, official traffic control
devices are designated by a two solid white line pavement marking or a
sign.
Section 2 provides that this act shall take effect immediately.

 JUSTIFICATION :
As the current vehicle and traffic law 1128 (d) is written, official
highway markings are those that shall not at any time be crossed by a
driver. The law's original intent was as a "no lane change" provision
to the vehicle and traffic law. However, the current law is vague and
allows police officers to issue a ticket in violation of section 1128
(d) to anyone whom the officer deems has, in a-hazardous manner
crossed a marking such as the edge line, which could include your own
driveway entrance. The Appellate Term, of the Second Department found
in the People v Shulman that the white edgeline along the side of the
road does not constitute an "official marking" under VAT 1128 (d) .
This court ruled in favor of Mr. Shulman, finding from his research
that the original intent of section 11 28 (d) was in specific
reference to crossing barrier markings. The white edge line along the
road, for instance, does not represent a barrier marking and thus is
not an official roadway marking under section 1128(d).

The presence barrier markings already indicates those portions of the
roadway where the NYDOT has determined that crossing such markings
would be especially hazardous and thus that changing lanes is
prohibited.

Further, the extra wording "where crossing such markings would be
especially hazardous" can be misconstrued as an additional criterion
(to the presence of barrier markings) required being in violation of
this law.

In the proposed amendment, the use of the phase "where changing lanes
is prohibited", brings NYS VAT1128 (d) closer to the corresponding
terminology in the Uniform Vehicle Code 11-309(d). Further, to update
and clarify Section 1128(d), language from the current Federal MUTCD
description, "a two solid White line pavement marking", has been
added.

 PRIOR LEGISLATIVE HISTORY :
2007-08: Remained in committee

 FISCAL IMPLICATIONS :
None known.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5175B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5175--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens.  DILAN,  DIAZ,  HASSELL-THOMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation -- reported favorably from said committee and committed
  to  the  Committee  on  Codes  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to  the  Committee  on  Transportation in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to roadway lane
  markings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (d) of section 1128 of the vehicle and  traffic
law,  as added by chapter 206 of the laws of 1971, is amended to read as
follows:
  (d) When official [markings are in place indicating those portions  of
any  roadway where crossing such markings would be especially hazardous,
no driver of a vehicle proceeding along such highway shall at  any  time
drive  across  such  markings]  TRAFFIC CONTROL DEVICES ARE INSTALLED ON
ROADWAYS PROHIBITING THE CHANGING OF LANES, DRIVERS  OF  VEHICLES  SHALL
OBEY  THE DIRECTION OF EVERY SUCH DEVICE. FOR THE PURPOSE OF THIS SUBDI-
VISION, OFFICIAL TRAFFIC CONTROL DEVICES ARE DESIGNATED BY A TWO  NORMAL
SOLID WHITE LINE PAVEMENT MARKING OR A SIGN.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07050-09-0

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Senate Bill S5175

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jun 10, 2010 - Floor Vote

Floor Vote: Jun 10, 2010

Jan 26, 2010 - Transportation Committee Vote

Transportation Committee Vote: Jan 26, 2010

Mar 16, 2010 - Codes Committee Vote

Codes Committee Vote: Mar 16, 2010

Bill Amendments

co-Sponsors

2009-S5175 - Details

2009-S5175 - Summary

2009-S5175 - Sponsor Memo

2009-S5175 - Bill Text download pdf

co-Sponsors

2009-S5175A - Details

2009-S5175A - Summary

2009-S5175A - Sponsor Memo

2009-S5175A - Bill Text download pdf

co-Sponsors

2009-S5175B (ACTIVE) - Details

2009-S5175B (ACTIVE) - Summary

2009-S5175B (ACTIVE) - Sponsor Memo

2009-S5175B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5175

Share this bill

Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Ruben Diaz

Ruth Hassell-Thompson

2009-S5175 - Details

2009-S5175 - Summary

2009-S5175 - Sponsor Memo

2009-S5175 - Bill Text download pdf

co-Sponsors

Ruben Diaz

Ruth Hassell-Thompson

2009-S5175A - Details

2009-S5175A - Summary

2009-S5175A - Sponsor Memo

2009-S5175A - Bill Text download pdf

co-Sponsors

Ruben Diaz

Ruth Hassell-Thompson

2009-S5175B (ACTIVE) - Details

2009-S5175B (ACTIVE) - Summary

2009-S5175B (ACTIVE) - Sponsor Memo

2009-S5175B (ACTIVE) - Bill Text download pdf

Comments